STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR

CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071

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LCPA NO. 1-18 (LCP-5-MNB-18-0056-1)

CITY OF MANHATTAN BEACH

SEPTEMBER 13, 2018

EXHIBITS

Exhibit A– Resolution No. 18-0037 Exhibit B – Ordinance No. 18-0008 Exhibit C – Resolution No. 17-0131 Exhibit D – Ordinance No. 17-0025 Exhibit E – Resolution No. 17-0171 Exhibit F – Ordinance No. 17-0029

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RESOLUTION NO. 18-0037

A RESOLUTION OF THE MANHATTAN BEACH CITY COUNCIL AUTHORIZING SUBMISSION OF ORDINANCE NO. 18-0008 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND THE LOCAL COASTAL PROGRAM (LCP) SECTION A.52.110, RELATED TO RESIDENTIAL CONDOMINIUM STANDARDS

THE MANHATTAN BEACH CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

SECTION 1. The City Council conducted a duly noticed public hearing pursuant to applicable law on April 17, 2018 to consider amendments to Section A.52.11 0 of the Local Coastal Program (LCP) to refine residential condominium standards. At the May 1, 2018 regular meeting, the City Council adopted Ordinance No. 18-0008.

SECTION 2. The proposed zone text amendments are exempt from the California Environmental Quality Act (CEQA) requirements pursuant to CEQA guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have the potential for any impacts on the environment. In addition, the action taken herein is not a "project" within the meaning of CEQA.

SECTION 3. The City Council finds that the Amendments to the LCP are consistent with Policy 11.1 of the LCP Policies and Implementation Measures which states "Control development within the Manhattan Beach Coastal Zo~e".

SECTION 4. The City Council certifies that the subject amendment will be implemented in a manner fully in conformity with the California Coastal Act of 1976, as amended, and the City of Manhattan Beach Local Coastal Program.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

SECTION 6. The City Council hereby directs the City Manager or his designee to submit the LCP amendment memorialized in Ordinance No. 18-0008 to the California Coastal Commission for certification in conformance with state law.

ADOPTED on May 1, 2018.

AYES: Lesser, Montgomery, Hersman, Napolitano and Mayor Howorth. NOES: None. ABSENT: None. ABSTAIN: None.

LIZA TAMURA City Clerk

AM~ Mayor

Certified to be a true copy of the original of said document on file in my office.

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ORDINANCE NO. 18·0008

AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING LOCAL COASTAL PROGRAM SECTION A.52.110, RELATED TO RESIDENTIAL CONDOMINIUM STANDARDS

THE MANHATTAN BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

SECTION 1. On February 28, 2018, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 18-0X recommending that the City Council adopt the proposed text amendments to Section A.52.11 0 of the Local Coastal Program Coastal Zone Standards ("LCP") to refine residential condominium standards.

SECTION 2. On April17, 2018, the City Council held a duly noticed public hearing regarding the proposed LCP Amendments, and following receipt of all public testimony, closed the public hearing.

SECTION 3. The proposed text amendments are consistent with the following Local Coastal Program Policies:

II. Coastal Locating and Planning New Development Policy 11.1 : Control Development within the Manhattan Beach coastal zone.

B. Residential Development Policy II.B.1 : Maintain building scale in coastal zone residential neighborhoods consistent with Chapter 2 of the Implementation Plan.

B. Residential Development Policy II.B.2: Maintain residential building bulk control established by development standards in Chapter 2 of the Implementation Plan.

SECTION 4. The proposed Amendments have been prepared in accordance with the provisions of Title 7, Division 4, Section 65853, et seq., of the State of California Government Code.

SECTION 5. LCP Section A.52.11 0 is hereby amended in its entirety to read as follows:

Section A.52.11 0 - Residential condominium standards

A. Eligibility Requirements.

1. All residential condominiums (new construction or conversion) located in area districts Ill and IV shall have vehicular access from both the front and the rear property lines from dedicated streets or alleys improved and open to vehicular use.

a. Exception. Properties on the Strand. Cetllledtl .. atrue...,fll said ~lftt on fileln .. office.

Ord. 18-0008

b. Exception. Where a building site (consisting of a lot or portions of a lot) exists on March 9, 1989, and (1) neither the front nor the rear of the site is adjacent to a "walk street" and (2) the building site has access from two or more property lines from dedicated public streets or alleys improved and open to vehicular use. The building site shall be deemed to be a condominium site. This exception does not apply in area district IV.

c. Exception. Where a building site is zoned RH is adjacent to a "walk street" and has vehicular access from two (2) or more property lines from dedicated street or alleys improved and open to vehicular use, said building site shall be deemed to be a condominium site, with a maximum of two (2) dwelling units.

B. The following standards shall apply to construction of new condominiums; condominium conversion standards are prescribed by Chapter 1 0.88.

1. Sound attenuation for all common wall assemblies, and floor-to-ceiling assemblies which separate units from each other or from common areas within the building such as hallways, corridors, laundry rooms, recreation rooms or garage and storage areas, shall be required for both airborne sound and impact sound.

All such common wall assemblies shall provide an airborne sound insulation equal to that required to meet a sound transmission class (STC) of fifty-five (55) for wall assemblies, fifty (50) if field tested, as defined in the Uniform Building Code standards.

Dwelling unit entrance including perimeter seals shall meet a sound transmission class (STC) of thirty-three (33).

2. Additional requirements for sound alteration as follows:

a. No exhaust fans or vent pipes shall serve more than one (1) dwelling unit. b. All water pipes to sinks and laundry facilities shall be installed with sound

deadening materials to prevent the transfer of noise. c. All voids around pipes shall be packed with rock wool or equivalent

sound-deadening material, and all pipes shall be wrapped at all points of contact with any wood or steel members, and strap hangers.

d. No plumbing vents or similar equipment shall be placed back to back between separate dwelling units.

3. All floor-to-ceiling assemblies between separate dwelling units or common areas shall provide airborne sound insulation equal to that required to meet a sound transmission class (STC) of fifty (50), forty-five (45) if field tested, as defined in the Uniform Building Code standards.

4. All floor-to-ceiling assemblies between separate dwelling units or common areas shall provide impact sound insulation equal to that required to meet an impact insulation class (IIC) of sixty (60), fifty-five (55) if field tested, as defined in the Uniform Building Code standards.

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Ord. 18-0008

5. All residential condominiums consisting of two (2) units on a single lot which is to be owned in common shall be developed with units where the buildable floor area of either unit shall not exceed 55% of the maximum BFA allowed on the lot.

6. All residential condominiums shall have separate electrical and water meters and early warning fire detection systems.

7. At least one hundred fifty (150) cubic feet of enclosed or semi-enclosed storage space shall be provided for each unit. Required storage shall be located in either the garage or an area outside of and inaccessible from the living area if visually screened. Required storage shall not be located in required yards, open space, or parking areas.

8. Where laundry rooms. water heaters, and/or, dishwashers are unequipped to prevent leakage above neighboring units or above other residential floors below "drip pans," or other devices, shall be provided.

9. All new buildings shall conform to Title 24 of the California Code of Regulations requiring compliance with the state energy regulations.

10. Enclosed or semi-enclosed trash areas shall be provided. Trash areas shall not be located in required front and side yards, open space, and parking areas.

11. All utilities serving the site shall be undergrounded consistent with the provisions and exceptions provided in Section 9.12.050, Services undergrounding of this Code.

12. The title sheet and condominium owner's agreement shall state that the unit ownership is an "intangible portion of multiple residential property" and "ownership of a unit does not parallel or emulate ownership of single-family property or use ... "

13. The condominium owners' association shall provide the opportunity for annual review and inspection of the building and the interior of individual units.

14. Building exteriors and common areas shall be maintained in the absence of an individual owner's agreement.

15. All common areas including, but not limited to. exterior portions of buildings, structures, utilities, yards, driveways, open space, etc., shall be under common ownership of all owners of condominium units.

16. All title conditions. covenants, and restrictions (CC&Rs). in form and content, and any revisions thereto shall, if required by the project use permit, be subject to approval of the City Attorney.

17. Two (2) off-street parking spaces and one (1) guest space shall be provided, consistent with Section 1 0.64.030.

18. A permit will not be issued for an exterior or structural improvement to a condominium unless the condominium owner seeking the permit provides the City either one of the following, as determined by the Community Development

Director:

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Ord. 18-0008

a. the Homeowners Association's or similar governing body's written approval of the proposed work; or

b. proof of written notification of the other condominium owner(s) in the condominium development describing the proposed work.

19. Each condominium unit shall have a designated space for an air conditioning I unit. Air conditioning units shall not be located in the required front yard, side yards, open space, and parking areas.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations§§ 15000, et seq., the "CEQA Guidelines"). It can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the refinements to residential condominium regulations established hereby, may have a significant effect on the environment. The adoption of these Amendments is therefore not a "project" within the meaning of CEQA and is exempt pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 7. INTERNAL CONSISTENCY. Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed, and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.

SECTION 8. SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or their application and, to this end, the provisions of this Ordinance are severable.

SECTION 9. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall constitute a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.

SECTION 10. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

SECTION 11. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect after certification by the California Coastal Commission.

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Ord. 18-0008

ADOPTED on May 1, 2018.

AYES: Lesser, Montgomery, Hersman, Napolitano and Mayor Howorth. NOES: None. ABSENT: None. ABSTAIN: None.

ATIEST:

LIZA TAMURA City Clerk

~ Mayor

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Certified to be a true copy of the original of said document on file in my office.

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RESOLUTION NO. 17-0131

A RESOLUTION OF THE MANHATTAN BEACH CITY COUNCIL AUTHORIZING SUBMISSION OF ORDINANCE NO. 17-0025 TO THE CALIFORNIA COASTAL COMMISSION TO INCORPORATE AMENDMENTS TO THE LOCAL COASTAL PROGRAM (LCP) TO ESTABLISH PROVISIONS FOR PROHIBTING ALL COMMERCIAL CANNABIS ACTIVITY AND ALLOW LIMITED INDOOR CANNABIS CULTIVATION

THE MANHATTAN BEACH CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

SECTION 1. The City Council conducted a public hearing pursuant to applicable law on October 17, 2017, to consider amendments to the Local Coastal Program {LCP) to add Chapter A.82 related to commercial cannabis regulations, and delete Section A.60.160. At the November 7, 2017 regular meeting, the City Council adopted Ordinance No. 17-0025.

SECTION 2. The proposed zone text amendments are exempt from the California Environmental Quality Act (CEQA) requirements pursuant to CEQA guidelines Section 15061{b)(3) because it can be seen with certainty that the amendments will not have the potential for any impacts on the environment. The proposed LCP amendments will prohibit all commercial cannabis uses and will not result in any direct physical change in the environment, or reasonable foreseeable indirect physical change in the environment.

SECTION 3. The City Council finds that the Amendments to the LCP are consistent with Policy II Coastal Locating and Planning New Development Policy -Policy 11.1 : c .ontrol Development within the Manhattan Beach coastal zone.

SECTION 4. The City Council certifies that the subject amendment will be implemented in a manner fully in conformity with the California Coastal Act of 1976, as amended, and the City of Manhattan Beach Local Coastal Program.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

SECTION 5. The City Council hereby directs the City Manager or his designee to submit the LCP amendment memorialized in Ordinance No. 17-0025 to the California Coastal Commission for certification in conformance with state law.

ADOPTED on November 7, 2017.

AYES: Montgomery, Hersman, Napolitano, Howorth and Mayor Lesser. NOES: None. ABSENT: None. ABSTAIN: None.

ATTEST:

LilA TAMURA City Clerk

LESSER

Certified to be a true copy of the original of said document on file in my office.

. -- ~ ~-------..(d c;t@~e City of Manhattan Beach, California

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ORDINANCE NO. 17-0025

ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING LOCAL COASTAL PROGRAM TITLE A TO ADD THERETO CHAPTER A.82 PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY IN ALL ZONES IN THE CITY, AND TO ALLOW LIMITED INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW, AND DELETING LOCAL COASTAL PROGRAM SECTION A.60.160

THE CITY OF MANHATTAN BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. On September 13, 2017, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 17-07 recommending that the City Council adopt the proposed text Amendments to Title A to prohibit commercial cannabis and allow limited indoor cannabis.

SECTION 2. On October 17, 2017, the City Council held a duly noticed public hearing regarding the proposed Code Amendments, and following receipt of all public testimony, closed the public hearing.

SECTION 3. The proposed text amendments are consistent with the following Local Coastal Program Policy:

II . Coastal Locating and Planning New Development Policy- Policy 11.1 : Control Development within the Manhattan Beach coastal zone.

SECTION 4. The proposed text amendments have been prepared in accordance with the provisions of Title 7, Division 4, Section 65853, et seq., of the State of California Government Code.

SECTION 5. Section A.60.160 (Medical Marijuana Dispensaries) of Chapter A.60 (Site Regulations -All Districts) of Title A (Planning and Zoning) is hereby deleted in its entirety.

SECTION 6. Chapter A.82 is hereby added to Title A (Planning and Zoning) to read as follows:

"Chapter A.82 CANNABIS

Section A.82.010 Definitions. Section A.82.020 Prohibitions. Section A.82.030 Exceptions. Section A.82.040 Violation.

A.82.10 Definitions.

For purposes of this chapter, the following definitions shall apply. Certified to be a true COPJ fll said document on file lnmr office.

Ord. 17-0025

A. "Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis, and any product containing cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes.

"Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5, as the same may be amended from time to time.

B. "Cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

C. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not, limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

D. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products, for medical, non­medical or any other purpose, and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any other provision of State law that regulates the licensing of cannabis businesses.

E. "Concentrated cannabis" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

F. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

G. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

H. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

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Ord. 17-0025

I. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

J . "Indoors" means within a fully enclosed and secure structure.

K. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

L. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

M. "Outdoors" means any location that is not within a fully enclosed and secure structure.

N. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society. organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

0. "Private residence" means a house, an apartment unit, a condominium unit, a mobile home, or other similar dwelling, that is lawfully used as a residence.

A.82.020 Prohibitions.

A. Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time.

B. It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the city.

C. To the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such. transport does not involve delivery or distribution within the jurisdictional limits of the city.

D. All outdoor cannabis cultivation is prohibited in the city. Indoor cannabis cultivation is prohibited except as specified in section A.82.040(A)(5).

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Ord. 17-0025

A.82.030 Exceptions.

A. To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person 21 years of age or older from:

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;

3. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or

4. Engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, as the same may be amended from time to time.

B. This chapter shall also not prohibit any commercial cannabis activity that the city is required by law to permit within its jurisdiction pursuant to state law.

A.82.040 Violation.

Violations of this chapter are subject to the penalty provisions set forth in Municipal Code Chapters 1.04 and 1.06. In the discretion of the City Prosecutor, a violation of this chapter may be prosecuted as an infraction or misdemeanor. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Municipal Code Chapters 1.04 and 1.06, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Municipal Code Chapters 1.04 and 1.06, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern."

SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code§§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). It can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the regulations established hereby, may have a significant effect on the environment, and the action taken herein is not a "project" within the meaning of CEQA.

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Ord. 17-0025

SECTION 8. INTERNAL CONSISTENCY. Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed , and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.

SECTION 9. SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or their application and, to this end, the provisions of this Ordinance are severable.

SECTION 10. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.

SECTION 11. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

SECTION 12. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect after certification by the California Coastal Commission.

ADOPTED on November 7, 2017.

AYES: NOES:

Montgomery, Hersman, Napolitano, Howorth and Mayor Lesser. None.

ABSENT: None. ABSTAIN: None.

ATIEST:

LIZA TAMURA City Clerk

ID LESSER

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Certified to be a true copy of the original of said document on file in my office.

RESOLUTION NO. 17-0171

A RESOLUTION OF THE MANHATTAN BEACH CITY COUNCIL AUTHORIZING SUBMISSION OF ORDINANCE NO. 17-0029 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND THE LOCAL COASTAL PROGRAM (LCP), RELATED TO URGENT CARE OFFICES

THE MANHATTAN BEACH CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

SECTION 1. The City Council conducted a public hearing pursuant to applicable law on December 5, 2017 to consider amendments to the Local Coastal Program (LCP) to amend Title A to refine medical-related land use classifications and the off-street parking requirements for Urgent Care Offices. At the December 19, 2017 regular meeting, the City Council adopted Ordinance No. 17-0029.

SECTION 2. The proposed zone text amendments are exempt from the California Environmental Quality Act (CEQA) requirements pursuant to CEQA guidelines Section 15061 (b)(3) because it can be seen with certainty that the amendments will not have the potential for any impacts on the environment. In addition, the action taken herein is not a "project" within the meaning of CEQA.

SECTION 3. The City Council finds that the Amendments to the LCP are c.onsistent with Policy 11.1 of the LCP Policies and Implementation Measures which states "Control Development within the Manhattan Beach coastal Zone".

SECTION 4. The City Council certifies that the subject amendment will be implemented in a manner fully in conformity with the California Coastal Act of 1976, as amended, and the City of Manhattan Beach Local Coastal Progr~m.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

SECTION 6. The City Council hereby ·directs the City Manager or his designee to submit the LCP amendment memorialized in Ordinance No. 17-0029 to the California Coastal Commission for certification in conformance with state law.

ADOPTED o~ December 19,2017.

AYES: Lesser, Montgomery, Hersman, Napolitano and Mayor Howorth. NOES: None. ABSENT: None. ABSTAIN: None.

ATTEST:

LIZA TAMURA City Clerk

A~ Mayor

Certified to be a true copy of the original of said document on file in my office.

RECEIVE!;) South Coast Reg1on

JUN 2 9 2018

ORDINANCE NO. 17-0029

AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING LOCAL COASTAL PROGRAM SECTIONS A.08.040, A.08.050, AND A.64.030, RELATED TO URGENT CARE OFFICES

CAL\FORN\A COASTAL COMM\55ION

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1. On October 11, 2017, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 17-08 recommending that the City Council adopt the proposed Local Coastal Program (LCP) Amendments to Title A to refine medical-related land use classifications and the off-street parking requirements for Urgent Care Offices.

SECTION 2. On December 5, 2017, the City Council held ·a duly noticed public hearing regarding the proposed LCP Amendments, and following receipt of all public testimony, closed the public hearing.

SECTION 3. The proposed text amendments are consistent with the following Local Coastal Program Policy:

II. Coastal Locating and Planning New Development Policy- 11.1: Control Development within the Manhattan Beach coastal zone.

SECTION 4. Subsection E of Local Coastal Program Section A.08.040 is hereby amended to read as follows, with all other portions of Local Coastal Program Section A.08.040 remaining in effect without amendment:

"E.. ·Emergency Health Care Facilitv. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. Emergency Health Care facilities are part of the emergency medical services system as defined by California Health and Safety Code."

SECTION 5. Subsection I of Local Coastal Program Section A.08.040 is hereby amended to read as follows, with all other portions of Local Coastal Program Section A.08.040 remaining in effect without amendment:

"1. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis where patients may be admitted for a 24-hour stay or longer. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees."

SECTION 6. Subsection R of Local Coastal Program Section A.08.050 is hereby amended to read as follows, with all other portions of Local Coastal Program Section A.08.050 remaining in effect without amendment:

Certified to .. a true COP/ fl said document onfile lnnw office.

Ord. 17-0029

"R. Offices. Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices, including, but not necessarily limited to: licensed or certified physicians, psychologists, psychiatrists, chiropractors, and massage, acupuncture, and acupressure therapists. Urgent care facilities that may be open beyond traditional office hours and that provide patients medical services for non­life threatening conditions usually without an appointment and without an overnight stay shall be considered a medical office. These classifications include medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations."

SECTION 7. Local Coastal Program Section A.64.030 is hereby amended to add a new row between the rows entitled "Offices, Medical and Dental" and "Pawn Shops" to read as follows, with all other portions of Local Coastal Program Section A.64.030 remaining in effect without amendment:

:__ ___ Offices, Medical Urgent Care 1 per 200 sq." ft. I 1 I ....!.___1 '

"

SECTION 8. CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City Council determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. , "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). ' It can be seen with certainty that there is no possibility ttiat the adoption of this Ordinance, and the regulations established hereby, may have a significant effect on the environment. In addition, the action taken herein is not a "project" within the meaning of CEQA.

SECTION 9. SEVERABILITY . . If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or their application and, to this end, the provisions of this Ordinance are severable.

SECTION 10. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.

SECTION 11. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

SECTION 12. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force after certification by the California Coastal Commission.

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··mtified to .. true copref

· -=:id document ile lnmr

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Ord. 17-0029

ADOPTED on December 19, 2017

AYES: NOES:

Lesser, Montgomery, Hersman, Napolitano and Mayor Howorth. None.

ABSENT: None. ABSTAIN: None.

ATTEST:

LIZA TAMURA City Clerk

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Mayor

Certified to be a true copy of the original of said doCument on fHe in my office.

-------~ -----------(<(City~-City of Mcinha1tan Beach, California